Government Guidelines and Legislation
Avoiding the Dangers of Accepting Fill on Your Land
Source: Department of Environment and Climate Change
http://www.environment.nsw.gov.au/waste/s143questions.htm
In many cases development consent is required prior to placing fill, and particularly on wetlands or on flood prone land. Placing fill on wetlands can raise the land level above the water level, essentially resulting in the land no longer being a wetland. Placing fill on part of a wetland or beside a wetland can disrupt flows and thus alter the ecology, resulting in weed profusion and decline of the plant community.
Accepting fill from unscrupulous operators can have additional problems. Fill can contain contaminants which can harm your family’s health, permanently devalue your property and leave you with a substantial clean up costs. You may also face on-the-spot fines or prosecution for illegally using waste as landfill. If you are unsure ask your local Council or call DECC’s Environment Line on 131 555 during business hours.
DON’T RISK A $5 000 FINE OR PENALTIES UP TO $1MILLION
By following the following steps you will minimise the risks and avoid the dangers of accepting fill on your property.
Check if Fill is Permitted and What Council Approvals are Required
Before accepting fill on your land,check with your local Council to find out if filling is permitted and what approvals are required. Council approval is often required to ensure that only uncontaminated fill is used on residential properties and safety control measures are put in place. Council will also check that fill is not placed in areas where it may cause harem to plants and wildlife of watercourses.
Landowners and occupants can be ordered to remove unapproved fill and pay the costs of taking it to a lawful waste facility.
Check the Credentials of Anyone Who Offers You Free or Cheap Fill
If anyone approaches you about taking fill onto your property – either for free or for payment – ask them for proof of identity (such as a drivers licence) and/or business details (such as an ABN or CAN). If you have any doubts, contact your local council or the Department of Environment and Climate Change (DECC).
Councils and DECC have investigated incidents where unscrupulous operators have offered landowners ‘clean fill’ but delivered fill that was contaminated with building and demolition waste, harmful chemicals and asbestos.
Unscrupulous operators may dump the fill and then disappear, leaving the landowner with a contaminated site and significant clean up costs.
Never Accept Fill From an Unknown Source
Always ask the supplier where the fill is coming from and what activities were conducted at the site. Check whether any activity may have caused contamination.
Ask for the site address and consider inspecting the site prior to accepting the fill. During the inspection make sure the fill does not contain any other waste such as bricks, concrete, wood, asbestos, or plastic. Also check the fill for staining, discolouration or odour. If you don’t know where the fill is from, don’t take it.
Ask the Supplier to Prove That the Fill is Not Contaminated
If you have doubts about the quality of the fill, request that the material is sampled and analysed for potential contaminants before accepting it. Always ask to see the original laboratory results. Alternatively, organise samples to be collected and analysed independently to prove that the fill is clean.
It is an offence to supply false or misleading information about waste. If anyone supplies with false or misleading information (such as falsified ‘clean fill’ documentation) report them immediately to DECC on 131 555.
